Accelerated repossession

dccantona

I have been served with an A R order from the court to which I am replying. I had not received the S 21 . However the Letting agents/Landlord have started a seperate action for non-payment of rent in the small claims court. I have read that with an A R order they cannot claim outstanding monies just the repossession of the property.

Is it therefore legal for them to start a seperate claim when clearly a "standard " repossession order is available to reclaim the property and all outstanding monies.

Does anyone know what law covers A R and is it invalid if a parallel case is taking place. Thanks

N79

It is perfectly legal. In fact, a LL could even use the "standard repossession" order (as you call) based on a Section 8 notice for non payment of rent and still launch a separate action for the outstanding rent (although obviously they can not claim the outstanding rent twice).

Clearly you owe rent and the LL wants possession of the property back. They are using the non fault route for possession and the small claims court for the outstanding rent - a perfectly reasonable approach.

Clearly you feel you have a defence to the possession order based on faulty service of notices. You have no point or defence regarding the LL simultaneously suing you for the outstanding rent.